Cross-border mobility of persons, family life and private international law

Abstract

The cross-border mobility of persons require adequate protection of their right to family life, which implies, therefore, the possibility of moving and residing with family members in another State. The mobility regime within the EU has certain peculiarities for EU citizens but also for third-country nationals. A minimum European family model can be identified. In addition, there is a trend towards the recognition of already established families, in particular, when they have established themselves as families in another EU State. In the field of immigration law, the way to accredit and make effective the family relationships does not coincide in all cases with the classical methods of private international law. Sometimes there are two different approaches, civil and administrative, on the same family relationship. Immigration law should be subject to the right to family life, in particular to the protection of the best interests of the children and their right of relationship with both parents as guiding principles of all decisions that affect them.